You should not plead guilty if you didn't commit the crime you've been charged with. They need help to learn how to stay out of trouble and to contribute to the community in a positive way. What happens next …. This law says: 1. We typically refer to charges in the context of criminal law, which concerns crimes considered to harm society or the state. In this circumstance, an individual is confined to their home except for medical emergencies, time for shopping and exercise, employment or to attend school. Department of Justice Canada's Internet site. And, don't plead guilty until you've thought carefully about your options. When we’re done with them, we may or may not extradite them to the States if they also committed crimes there (Murder Suspect's Bid to Stay in Canada Tests Pact). And, further, if an accused dies before the charge is disposed of, does the charge remain or is it automatically canceled? With respect to certain international travel, currently the United States Immigration department has a significant degree of discretion insofar as it relates to the admission of individuals with discharges or criminal records. You must convince the judge to order the person charged to attend court. At the trial, a lawyer for the government will try to prove that you are guilty beyond a reasonable doubt. A lawyer can help you navigate the system, protect your rights, and argue for the best outcome in your case. This includes court appearances and certain interactions with Identification Services depending on the nature of the offence. © 2020 Sullivan Breen Defence. This law says: 1. For current COVID-19 information, see LegalHelpBC.ca The court must be satisfied that there is no significant risk or danger to the community before this sentence is offered. The decision to grant or deny parole involves a thorough review of information and assessment of risk. There is a special law for young people aged 12 to 17. If you can't communicate with their staff in English and you don’t have someone who can interpret for you, they can arrange for an interpreter. Young people who break the law need to understand that what they did caused harm to the community. If you have any questions or would like to seek advice with regards to a Criminal Charge or Investigation, do not hesitate to contact our firm. If a person has a negative history in relation to court orders, probation or bail, or if the person has a significant recidivist criminal history, it is unlikely that a conditional sentence will be ordered. A conditional sentence supervisor from the appropriate corrections department monitors an individual’s progress similar to a Probation Officer. 2. Upon a finding of guilt, whether after trial or guilty plea, the judge may order any of a variety of sentences. A lawyer can also negotiate with the prosecutor for you and defend you in court. A free lawyer is available 24 hours a day for this purpose. A discharge may be granted conditionally upon the performance of some conditions contained in a probation order, or may be absolute with no conditions. Compliance with these obligations is monitored by a Probation Officer. A lawyer can explain your options and the court process. All Rights Reserved. Victim services can provide information and assistance. An historic violation of court orders is always considered in sentencing and bail hearings to great negative effect. During the initial court appearance the person alleged to have committed an offence may plead not guilty with a desire to proceed to trial, or plead guilty and await sentencing. Related criminal charges include theft and embezzlement. to be presumed innocent until proven guilty in court, and. There is a special law for young people aged 12 to 17. Parole is mandatory after two thirds of the sentence have been served. If the sentence involves incarceration and is a federal sentence then the Parole Board of Canada oversees decisions regarding parole and leave from custody (created under the Corrections and Conditional Release Act). If the police do not agree to release you, they have to arrange for a court appearance called a show cause hearing as soon as possible. For a crime to qualify for extradition, it generally depends on the state or country involved in the criminal process and what type of justice system exists there. Extradition and the Crime When a person commits a crime in one state but lives in another, he or she could face extradition for the location that has jurisdiction in the criminal case. This compensation takes the form of compensatory damages and may include: economic damages (like attorney fees and medical costs), and. You may be required to attend in person, or you may appear by phone or video conference. Foreign nationals who have been arrested or convicted of a criminal offense anywhere in the world, that if committed in Canada could be classified as an indictable offense, may be deemed ineligible to enter Canada.Attempting to enter Canada while considered inadmissible due to criminality can result in a person being denied entry to Canada. There are normally various conditions attached to the probation which may include community service, no contact with certain people, not being able to visit certain locations, or an order requiring the person convicted to attend counseling as directed by a Probation Officer. If you’re arrested, the police must tell you the charge you’re being arrested for 2. If you are convicted of theft under $5,000, the maximum penalties you would receive is a summary offence of a fine of up to $2,000 and/or imprisoned for up to six months. When you're charged with a crime, you can either: plead guilty plead not guilty complete a diversion program or alternative measures, if the Crown agrees If you plead guilty, you will likely be convicted and sentenced. Charged with a crime? People that become involved in this process should have a lawyer to properly advise and protect their best interests.  A lawyer can explain the charges against you, and tell you: what kind of sentence you might get if you’re convicted, and. 99 views They need help to learn how to stay out of trouble and to contribute to the community in a positive way. People have the right to be protected from young people’s crimes. The examples and perspective in this article deal primarily with the United Kingdom, Canada, and the United States and do not represent a worldwide view of the subject. You may be in custody and will be entitled to have a bail hearing before proceeding further with your case. 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